Also known as:battery · batteries · battered · battering · offensive contact · civil battery
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort imposing liability when an actor intends to cause an offensive contact with the person of another or a third person or an imminent apprehension of such contact and an offensive contact directly or indirectly results.
Sources & Authorities· 10 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Common Law
How it applies
Common Examples
6
Spouse Battery as Provocation
Brendan Burns struck his wife Barbara Bennett during an argument at home. Barbara's brother Byron Bishop witnessed the blow and immediately killed Brendan in a rage. The killing occurred before any cooling-off period elapsed.
Intentional Shoulder Bump
Barbara Bennett deliberately bumped into Brendan Burns with her shoulder while passing him on a crowded sidewalk. Brendan felt the contact as offensive and immediately confronted her.
Trivial Push as Inadequate Provocation
Brendan Burns lightly pushed Barbara Bennett aside during a verbal dispute. Barbara later returned and stabbed Brendan. The earlier push occurred hours before the stabbing.
Barbara Bennett reached out and flicked Brendan Burns on the ear during a heated exchange. Brendan experienced the flick as offensive even though it caused no physical injury.
Battery as Recognized Provocation
Byron Bishop suffered a serious blow from Brendan Burns during a confrontation. Byron immediately responded by killing Brendan before any reasonable cooling-off period had passed.
Direct Act Requirement
Barbara Bennett swung her arm and caused a cup to strike Brendan Burns in the chest. The contact resulted directly from Barbara's intentional movement rather than from an independent intervening force.
Common questions
Frequently Asked
3
What intent is required for offensive-contact battery?+
The actor must intend to cause an offensive contact or an imminent apprehension of such contact. Liability follows even if the actor did not intend the resulting harm.
Supporting sources
Does the contact have to be harmful to support battery liability?+
No. Offensive contact alone is sufficient when the actor intends to cause it or an apprehension of it and the contact results.
Supporting sources
Must the actor personally touch the victim?+
The harmful or offensive contact must be caused by an act of the actor, but indirect causation satisfies the requirement.
Supporting sources
497 U.S. 261, 277 (1990)Constitutional Law
…must be understood. That right presupposes no abandonment of the desire for life. Nor is it reducible to a protection against batteries undertaken in the name of treatment, or to a guarantee against the infliction of bodily discomfort. Choices about death touch the core of liberty. Our duty, and the concomitant freedom, to…